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HomeMy WebLinkAbout101414 - Vendors AffidavitVENDOR'S AFFIDAVIT STATE OF INDIANA r ) SS: COUNTY OF ifrier elle/ ) Each of: (a) William Hammer, in his capacity as the President of The City of Carmel Redevelopment Commission (tne "Vendor"); and (b) t-- 7_ {t , in his capacity as the t• • ': e.„ /_ Cjbf Vendor; being first sworn, states that Vendor this day is conveying to CCC Market, LLC (the "Purchaser"), by a limited warranty deed (the "Deed "). certain real estate located in Hamilton County, Indiana. as more particularly described in Exhibit A, attached hereto and incorporated herein by reference (the "Real Estate "). in connection with the sale of the Real Estate, Purchaser has,obtained a commitment for an I owners oollcy of title insurance fort the Real ,Estate under date of �%. t' ;/ issued by QtnA.f I ('•'� t !as Number i! � -(6)2 (the (the "Com mitment't Title to the Real Estate is free and clear of liens, leases, or encumbrances arising under, by, through, or based upon the actions of Vendor, except the following: Easements, agreements, and restrictions of record disclosed in the Commitment; 2. Current taxes not delinquent; and 3. Whatever matters affecting the Real Estate, if any, that are disclosed in the Deed. Vendor has not executed, or permitted anyone on Vendor's behalf to execute, any conveyance. mortgage, lien, lease, security agreement, financing statement, or encumbrance of or upon the Real Estate or any fixtures attached thereto. except as stated above, that now is outstanding or enforceable against the Real Estate. Vendor has made no contract to sell all or any part of the Real Estate to any person other than Purchaser, and Vendor has not given to any person an option to purchase all or any part of the Real Estate, that is enforceable or exercisable now or at any time in the future. There are no unpaid claims for labor done upon, or materials furnished for, the Real Estate at tne request, or for the benefit, of Vendor, in respect of which liens have been or may be filed. There is no judgment of any court of the State of Indiana, or of any court of the United States, by, through. or based upon the actions of Vendor that is or may become a lien on the Real Estate. No petition for bankruptcy has been filed by or against Vendor within the last six months, and no petition now is pending with respect to Vendor for bankruptcy, insolvency, or incompetency. Vendor is neither principal nor surety on any bond payable to the State of Indiana. The Real Estate is now in possession of Vendor, and no other person has a right to possession. or ciaims possession, of all or any part of the Real Estate by, through, or based upon the actions of Vendor, except as disclosed above. Vendor will deliver possession of the Real Estate to Purchaser on the date hereof, free and clear of any right or claim of any person to the possession of the Real Estate by, through, or cased upon the actions of Vendor, except as disclosed above. Vendor is not acting, directly or indirectly, in any capacity whatsoever for any foreign country or national thereof; Vendor is a redevelopment commission company organized and existing under the laws of Indiana; the persons executing this affidavit and the Deed on behalf of Vendor have been empowered by Proper action of Vendor to execute and deliver this affidavit and the Deed; and Vendor has full capacity to convey the Real Estate. and all necessary action for the making of such conveyance, has been taken and done. Vendor intends that: each of the statements made herein shall be construed as a representation; each of the representations is made for the purpose of inducing Purchaser to purchase the Real Estate; and each of the representations. whether construed jointly or severally. Is true. Vendor expressly authorizes Purchaser and all other persons to rely on such representations. T H E C I T Y O F C A R M E L REDEVELOPMENT COMMISSION ,( By:_. _'1;; ,J,l .1 "01d;C William Hammer, President T H E C I T Y O F C A R M E L REDEVELOPMENT COMMISSION By Printed: Title: ACKNOWLEDGMENTS Before me. a Notary Public in and for the State of Indiana, personally appeared William Hammer, the President of the City of Carmel Redevelopment Commission, who acknowledged the execution of the foregoing Vendor's Affidavit on behalf of such entity. W ITNESS my hand and Notarial Seal this L day of October, 2014. I„' tH C' Notary Pubh By: Printed Name I am a resident o` 11G'"L'�" County, Indiana. My commission expires 111aH,_ ly 9Cfl.S CARLA J. ARNOLD p@ pj nr -Cate of Imam „ Marion County My Commssion Exortes May 14, 2015 Before me, a Notary Public in and for the State of Indiana, personally appeared the of the City of Carmel Redevelopment Commission, who acknowledged the execution of the foregoing Vendor's Affidavit on behalf of such entity. WITNESS my hand and Notarial Seal this day of October, 2014 By: Notary Public Printed Name: I am a resident of _ _ County, Indiana. My commission expires This instrument was prepared by Jennifer Shoup, Attorney -at -Law, Waliaclt Somers & Haas. One Indiana Square. Suite 2300, Indianapolis, Indiana 46204. a Do_uments\saouP..rennvtC.:y c. Carmel \Parce le \Pedcor Purchase 2034wendor'b Affi[favtt.epd Real Estate; and each of the representations, whether construed jointly or severally, is true. Vendor expressly authorizes Purchaser and all other persons to rely on such representations. THE CITY OF CARMEL REDEVELOPMENT COMMISSION By: William Hammer, President T H E C I T Y O F C A R M E L REDEVELOPMENT COMMISSION Printed: Title: ACKNOWLEDGMENTS Before me, a Notary Public in and for the State of Indiana, personally appeared William Hammer, the President of the City of Carmel Redeveiopment Commission, who acknowledged the execution of the foregoing Vendor's Affidavit on behalf of such entity. WITNESS my hand and Notarial Seal this _ day of October, 2014. By: Notary Public Printed Name: I am a resident of County, Indiana. My commission expires D Before me, a Notary Public in and for the State of Indiana, personally appeared D4Vld power! , the Via, i/laileT of the City of Carmel Redevelopment Commission, who acknowledged the execution of the foregoing Vendor's Affidavit on behalf of such entity. WITNESS my hand and Notarial Seal this LtOay of October, 2014. I am a resident of NtUrliNn County, Indiana. My commission expires i-17- I`] Notary Public M. Printed Name: n iC/U€/ ,--40 This instrument was prepared by Jennifer Shoup, Attorney -at -Law, Wallack Somers & Haas, One Indiana Square, Suite 2300, Indianapolis, Indiana 46204. L: \Documents \Snout,. .Jenny \Ciry of Carrel\Parcel 1C \Peaco_ Purchase 2O14\Vendor s Affidavit vptl